SENATE DOCKET, NO. 1323        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1747

The Commonwealth of Massachusetts

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PRESENTED BY:

Kathleen O'Connor Ives

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to municipal impact statements.

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PETITION OF:

SENATE DOCKET, NO. 1323        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1747

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to municipal impact statements.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 30A of the General Laws is hereby amended by inserting after section 2 the following section:-Section 2A. (a) As used in this section, the following words shall have the following meanings unless the context requires otherwise:

“Action”, (i) the adoption, repeal or amendment of any rule or regulation subject to chapter 30A of the General Laws; or (ii) any administrative action that either places additional expenditure, procedural or organizational requirements on local governments or limits the discretionary powers of local officials or agencies on a statewide basis.

“Local government advisory committee”, the commission established by section 62 of chapter 3.

''Significant financial impact,'' requires municipalities to expand existing services, employ additional personnel, or increase local expenditures.

(b) In the case of action subject to the procedures of chapter 30A, at least 14 calendar days prior to the initiation of compliance, an agency shall initiate the procedures set forth in this section. In the case of actions not subject to the procedures of chapter 30A, an agency shall initiate said procedures at least 45 calendar days prior to the proposed implementation of said action.

An agency shall provide the local government advisory committee, the division of local mandates and the department of housing and community development with a brief statement describing the proposed action, which emphasizes the agency’s best judgment of those elements which might affect local governments including, when feasible, preliminary cost estimates.

Within 21 calendar days of receipt of said statement, the local government advisory committee, the division of local mandates or the department of housing and community development, in cooperation, shall notify the originating agency as to whether or not it believes the proposed action presents potential for significant impact. Failure to notify the agency within 21 calendar days shall be deemed to constitute a judgment of no significant impact; provided, however, that the local government advisory committee, the division of local mandates or the department of housing and community development, with written consent from the originating agency, may agree to extend the review period up to 10 calendar days.

Any such notice shall set forth the aspects of the proposed action which the local government advisory committee, the division of local mandates or the department of housing and community development, as the case may be, believes present potential for significant impact.

Within 14 calendar days of the receipt of a notice under this section, the originating agency shall convene a meeting of representatives of the agency, the local government advisory committee, the division of local mandates and the department of housing and community development to review and discuss the potentially significant impact of the proposed action.

(c) To determine whether the proposed action may present potential for significant impact, agencies, the local government advisory committee, the division of local mandates and the department of housing and community development, in cooperation, shall consider the extent to which the proposed action might require municipalities to: (i) significantly expand existing services; (ii) employ additional personnel; (iii) significantly alter administrative and work procedures; (iv) realign organizational structures; (v) increase disbursements which are not reimbursed by the federal or state government; or (vi)  limit the discretion exercised by local officials.

Each agency head, or a designee of the agency head, shall have responsibility within that agency for reviewing proposed administrative policies and regulations to ensure compliance with this section.

(d) An agency may initiate emergency actions under relevant sections of chapter 30A without prior compliance with this order; provided, however, that compliance shall be initiated as soon as practicable following the emergency action and before any emergency action becomes permanent.